Howard v. Life Accident Insurance Co. of Ala.

HARWOOD, Presiding Judge.

In the suit below plaintiff claimed upon a hospital policy which had been assumed by the defendant.

The evidence presented below was not in conflict, much of it being stipulated.

The appellant, who was the plaintiff below, was operated upon for a “fibroid uterus,” a disease of the generative organ.

At the conclusion of the evidence the special judge presiding instructed the jury to render a verdict for the defendant because of Clause H appearing under the indemnity provisions of the policy.

The appellant duly excepted to this action of the court, and also filed a motion…